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Home My WebLink About01-07-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mildred R. Ensminger ~ ~ -~~~ - 00 13 File Number also known as ,Deceased Social Security Number 196-14-2254 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Jill Smelgh named in the last Will of the Decedent dated 4/2/2008 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (Ifappltcable, enter: c. t. a.; d. b. n. c. t. a.; pendente liter durante absentia; durante minoritate) -- ---- _.. _..~....~ ,...».... ».,...~........ oscuu aJ ncaca~uiy. D ~.~J( j Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence a~ 1916 Logan Street Camp Hill PA 17011 Camp Hill Cumberland County (List street address, town/city, Township, county, state, zep code) Decedent, then 83 years of age, died on 12/27/2008 at Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Decedent at death owned property with estimated values as follows (If domiciled in PA) All personal property $ 40.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 124.770.00 1916 Logan Street, Camp Hill, Pennsylvania 17011 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Jill Smeigh 126 Greenbrier Drive Form RW-02 rev. 10.13.06 Page 1 of 2 Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) LAST WILL AND TESTAMENT OF MILDRED R. ENSMINGER I, MILDRED R. ENSMINGER, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after m~ death. ° d .a ~ A ~7 ~ 2 l ~~~ ~ o~ "''' ~ --t N Article II 0 All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. r-`•- ~; _ C~> --`~% ~~~ ~._.' G.7 ~ yi ~: ~ ~;.~ L' ~ {'` 3 °. -1- Article III I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed, located with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Arti-_ All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my daughter, JILL SMEIGH, of Perry County, Pennsylvania. In the event that JILL SMEIGH predeceases me or fails to survive me by thirty (30) days, then I give, devise and bequeath the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate to my grandson, CHRISTOPHER PARK FRANK, of Cumberland County, Pennsylvania. Arti_ I nominate, constitute, and appoint my daughter, JILL SMEIGH as Executrix of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executrix, I nominate, constitute and appoint my grandson, CHRISTOPHER PARK FRANK, as successor Executor of my Last Will and Testament. I direct that my Executrix or successor Executor be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. My Executrix or successor Executor shall receive reasonable compensation for services rendered to my estate. -2- Article VI In addition to the powers conferred by law, I authorize my Executrix or successor Executor, in his/her absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. -3- IN WITNESS WHEREOF, I, MILDRED R. ENSMINGER, hereby set my hand to this my Last Will and Testament, on ~ -~ 2008. ._ ~ C ~; MILDRED R. ENSMINGER In our presence, the above-named MILDRED R. ENSMINGER signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name 1 L, It ~~ ~ - ~~~'.~( SG`-~ `'. Address 845 Sir Thomas Court Harrisbur PA 17109 845 Sir Thomas Court Harrisbur PA 17109 -4- I, MILDRED R. ENSMINGER, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by MILDRED R. ENSMINGER, the Testatrix on ~-a~ 2008. R ,r !~~ Not Public MOtI1RML !Mt ~ ~ lc~ty Nolo~r h~bNc 11ro of w-~a~es, owr~w Mp CominNNon Explr« o.c 17. 71011 ~~ ~ -~~ ~ ~ L >~w-~-,-tip ~-~ MILDRED R. ENSMINGE We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to befor me by '~ and ice ~`~'h -~ -~-hc~r~ole , witnesses, on y- ~ , 2008 tl `- ,~i,~~. ~l of Public Noweuu slit JACQW/MIE A I(itlil CI11- OF MAC, OeAWNpi M1- Con-mlalon ExpN~i p~c 17. 401 l -5- ~~~ Witness ~t~ -~L~ s fitness Jll~ ~AN~AIi1N r!~!1 A ~ItJMIR/~At oltdu~r rarON NMNIIMIA .~AtxlfllMAii i0 r r~ ,c r ~ti s~+aM~ no+u+mn+e~ ~M ~e . vrHx R ~a»~~ v~ Nua~ . arrua~rx*+w+ ~4 rr+ r ros t a ~,ra :~,~~~~ ~y~~-~nn,o~ ~